SYED FAYYAZ HUSSAIN HAMDANI, ADVOCATE Versus THE STATE

This petition under Article 199 of the Constitution for quashing the investigation proceedings initiated against the petitioner on the basis of First Information Report No. 268 registered at police station Old Anar kah, Lahore on the 15th January, 1980, arises out of the following circumstances. Syed Fayyaz Hussain Hamdani, an Advocate of this Court the petitioner, inspected the record relating to his Plot No. 744, Shadman Colony, Lahore, in the office of the Lahore Development Authority on the 29th July, 1979. On the 2nd August, 1979 he filed a certified copy of a power of attorney purported to have been executed by him in favour of one Chaudhri Muhammad Ashiq on the 12th November, 1972. He contended that he had not actually executed the said power of attorney. He executed document of revocation of the said power of attorney on the 31 st July, 1979, and got it registered the same day. In the certified copy of the power of attorney which he filed in the office of the Lahore Develop ment Authority on 2nd August, 1979, there was a note at the end that the said document had been cancelled vide the deed of revocation hearing registration No. 4839 dated the 1 st August, 1979. The office of the Lahore Development Authority formed the view that these words had been added by the petitioner in an attempt to committing forgery and lodged the First Information Report referred to in the beginning of this order.

2. The petitioner maintained, and this fact cannot be controverted by the learned counsel appearing for the State that the words which he has been blamed for adding at the end of certified copy of the power of attorney were actually written by the copying agency on the basis of endorsement made by the registering authorities and that he had not added any word thereto. He has also produced another certified copy of the power of attorney which contains these words added by the registering authorities themselves. In these circumstances the registration of case by the Lahore Development Authority against the petitioner was misconceived B and had no footing to stand upon. Consequently, the proceedings of the case are quashed.

Proceedings quashed.